60998 Federal Register / Vol. 84, No. 218 / Tuesday, November 12, 2019 / Proposed Rules

DEPARTMENT OF THE INTERIOR MS: BPHC, 5275 Leesburg Pike, Falls Retained Provisions of the November 28, Church, VA 22041–3803. 2018, Proposed Rule Fish and Wildlife Service We request that you send comments As set forth in the November 28, 2018, only by the methods described above. proposed rule (83 FR 61288), we 50 CFR Part 10 We will post all comments on http:// continue to propose to: [Docket No. FWS–HQ–MB–2018–0047; www.regulations.gov. This generally (1) Add 16 of the 17 included FXMB 12320900000//189//FF09M29000] means that we will post any personal in the 2018 proposed rule that qualify information you provide us (see Public RIN 1018–BC67 for protection under the MBTA but have Comments, below, for more not been added previously (please note: General Provisions; Revised List of information). We are removing one species that was Migratory FOR FURTHER INFORMATION CONTACT: Eric proposed to be added in the November L. Kershner, Chief of the Branch of 28, 2018, proposed rule; the European AGENCY: Fish and Wildlife Service, Turtle-Dove, discussed below under Interior. Conservation, Permits, and Regulations; Division of Migratory Management; Revised Provisions); ACTION: Revised proposed rule; U.S. Fish and Wildlife Service; MS: MB; (2) Correct the spelling of 3 species reopening of comment period. 5275 Leesburg Pike, Falls Church, VA names on the alphabetized list; (3) Correct the spelling of 3 species SUMMARY: 22041–3803; (703) 358–2376. We, the U.S. Fish and names on the taxonomic list; Wildlife Service (Service), propose SUPPLEMENTARY INFORMATION: (4) Add 22 species based on new additions to the November 28, 2018, Background distributional records documenting proposed rule to update the List of their natural occurrence in the United Migratory Birds protected by the For background information on our States or U.S. territories since 2010; Migratory Bird Treaty Act (MBTA). The statutory authorities and on the List of (5) Add one species moved from a proposed revisions in this document Migratory Birds protected by the MBTA family that was not protected to a family consist of further updates to (16 U.S.C. 703–712), see our November now protected under the MBTA as a and distribution published in 2019. The 28, 2018, proposed rule (83 FR 61288). result of taxonomic changes; net increase of 8 additional species (10 Previous Federal Actions (6) Add 26 species newly recognized added and 2 removed) to the November as a result of recent taxonomic changes; 28, 2018, proposed rule would bring the On November 28, 2018, we published (7) Remove 7 species not known to total number of species protected by the a proposed rule (83 FR 61288) to revise occur within the boundaries of the MBTA to 1,093. We request public the List of Migratory Birds protected by United States or U.S. territories as a comments on the revisions described in the MBTA by both adding and removing result of recent taxonomic changes; this document, as well as on our species. The List of Migratory Birds (50 (8) Revise the common (English) November 28, 2018, proposed rule. If CFR 10.13) was last revised on names of 40 species to conform to you previously submitted comments on November 1, 2013 (78 FR 65844). accepted use; and our November 28, 2018, proposed rule, Reasons for the changes to the list (9) Revise the scientific names of 114 please do not resubmit them, as we will include adding species based on new species to conform to accepted use. fully consider those comments when taxonomy and new evidence of natural preparing our final rule. occurrence in the United States or U.S. Revised Provisions DATES: The comment period for the territories, removing species no longer The revisions we are proposing to our November 28, 2018, proposed rule (83 known to occur within the United States November 28, 2018, proposed rule (83 FR 61288) is reopened. We will accept or U.S. territories, and changing names FR 61288) in this document consist of: comments received or postmarked on or to conform to accepted use. An accurate (1) Removing European Turtle-Dove, before December 12, 2019. Comments and up-to-date list of species protected Streptopelia turtur (AOU 2007), from submitted electronically using the by the MBTA is essential for public species that qualify for protection under Federal eRulemaking Portal (see notification and regulatory purposes. the MBTA but have not been added ADDRESSES, below) must be received by previously, based on our review of the Revised Proposed Changes to the List of 11:59 p.m. Eastern Time on the closing evidence available for natural Migratory Birds date. occurrence of the species in the United ADDRESSES: You may submit comments The November 28, 2018, proposed States; by one of the following methods: rule (83 FR 61288) included revisions to (2) Correcting the spelling of the (1) Electronically: Go to the Federal the List of Migratory Birds that would species name of White-throated Ground- eRulemaking Portal: http:// result in a net increase of 59 species (66 Dove from Alopecoenas xanthonura to www.regulations.gov. In the Search box, added and 7 removed) and would bring Alopecoenas xanthonurus on the enter FWS–HQ–MB–2018–0047, which the total number of species protected by alphabetized and taxonomic lists; is the docket number for this the MBTA to 1,085. With this (3) Correcting the citation for Cackling rulemaking. Then, click on the Search document, we propose to revise our Goose, Branta hutchinsii (AOU 2003) to button. On the resulting page, in the November 28, 2018, proposed rule to (AOU 2004); Search panel on the left side of the come into conformance with updates in (4) Revising the citations for Pink- screen, under the Document Type taxonomy and distribution recently footed Goose, Anser brachyrhynchus heading, click on the Proposed Rule box published by the American (AOU 1983) to (AOS 2019), and Nazca to locate this document. You may Ornithological Society (AOS 2019). The Booby, Sula granti (AOU 2000) to (AOS submit a comment by clicking on revisions, described below under 2019); ‘‘Comment Now!’’ Revised Provisions, involve a net (5) Adding the following 8 additional (2) By hard copy: Submit by U.S. mail increase of 8 additional species (10 species based on new distributional or hand-delivery to: Public Comments added and 2 removed) and would bring records documenting their natural Processing, Attn: FWS–HQ–MB–2018– the total number of species protected by occurrence in the United States or U.S. 0047, U.S. Fish and Wildlife Service, the MBTA to 1,093. territories (AOS 2019):

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European Storm-Petrel, Hydrobates Swinhoe’s Storm-Petrel, categories (Orders, Families, pelagicus—North Carolina and Florida; Oceanodroma monorhis becomes Subfamilies) for species that occur in Great Black Hawk, Buteogallus Swinhoe’s Storm-Petrel, Hydrobates . The AOU (now AOS) urubitinga—Texas and ; monorhis; Checklist of North American birds Thick-billed Warbler, Arundinax Leach’s Storm-Petrel, Oceanodroma (Checklist), developed by the AOU aedon—Alaska; leucorhoa becomes Leach’s Storm- Committee on Classification and River Warbler, Locustella fluviatilis— Petrel, Hydrobates leucorhous; Nomenclature, has been the recognized Alaska; Townsend’s Storm-Petrel, taxonomic authority for North American European Robin, Erithacus rubecula— Oceanodroma socorroensis becomes birds since publication of the first Pennsylvania; Townsend’s Storm-Petrel, Hydrobates edition of the Checklist in 1886. The Pied Wheatear, Oenanthe socorroensis; committee compiles the taxonomic pleschanka—Alaska; Ashy Storm-Petrel, Oceanodroma foundation for ornithology in North Pallas’s Rosefinch, Carpodacus homochroa becomes Ashy Storm-Petrel, America; evaluating and codifying the roseus—Alaska; and Hydrobates homochroa; latest scientific developments in the Black-backed Oriole, Icterus abeillei— Band-rumped Storm-Petrel, systematics, classification, Pennsylvania, Massachusetts, Oceanodroma castro becomes Band- nomenclature, and distribution of North Connecticut; rumped Storm-Petrel, Hydrobates American birds. Thus, the AOS’s (6) Adding the following 2 additional castro; Checklist represents the best species newly recognized as a result of Wedge-rumped Storm-Petrel, information available for developing the recent taxonomic changes (AOS 2019): Oceanodroma tethys becomes Wedge- North American component of this List Stejneger’s Scoter, Melanitta rumped Storm-Petrel, Hydrobates of Migratory Birds. In keeping with the stejnegeri—formerly considered tethys; increasing numbers of study areas on conspecific with Velvet Scoter, Black Storm-Petrel, Oceanodroma which taxonomy relies, the committee Melanitta fusca; and melania becomes Black Storm-Petrel, incorporates expertise in phylogenetics, Gray-faced Petrel, Pterodroma Hydrobates melania; genomics, vocalizations, morphology, gouldi—formerly considered Tristram’s Storm-Petrel, behavior, and geographical distribution, conspecific with Great-winged Petrel, Oceanodroma tristrami becomes as well as general ornithological Pterodroma macroptera; Tristram’s Storm-Petrel, Hydrobates knowledge. The AOS Checklist contains (7) Removing the following 1 tristrami, all bird species that have occurred in additional species not known to occur Least Storm-Petrel, Oceanodroma North America from the Arctic through within the boundaries of the United microsoma becomes Least Storm-Petrel, Panama, including the West Indies and States or U.S. territories as a result of Hydrobates microsoma; the Hawaiian Islands, and includes recent taxonomic changes (AOS 2019): Warbler, distributional information for each Great-winged Petrel, Pterodroma peregrina becomes , species, which specifies whether the macroptera; peregrina species is known to occur in the United (8) Revising the common (English) Orange-crowned Warbler, Oreothlypis States, and the Committee on names of the following 4 additional celata becomes Orange-crowned Classification and Nomenclature also species to conform to accepted use Warbler, Leiothlypis celata; keeps and updates a list of species (AOS 2019): , Oreothlypis crissalis known to occur in the United States. Common Ground-Dove, Columbina becomes Colima Warbler, Leiothlypis The 2019 update of the AOS Checklist passerina becomes Common Ground crissalis; made this revised proposed rule Dove, Columbina passerina; Lucy’s Warbler, Oreothlypis luciae necessary, as the 2019 update became Ruddy Ground-Dove, Columbina becomes Lucy’s Warbler, Leiothlypis available after the publication of our talpacoti becomes Ruddy Ground Dove, luciae; November 28, 2018, proposed rule. Columbina talpacoti; , Oreothlypis For the species that occur outside the Amethyst-throated , ruficapilla becomes Nashville Warbler, geographic area covered by the AOS Lampornis amethystinus becomes Leiothlypis ruficapilla; Checklist, we relied on the Clements Amethyst-throated Mountain-gem, Virginia’s Warbler, Oreothlypis Checklist of Birds of the World Lampornis amethystinus; and virginiae becomes Virginia’s Warbler, (Clements Checklist) (Clements et al. Blue-throated Hummingbird, Leiothlypis virginiae; and 2017), and peer-reviewed literature. The Lampornis clemenciae becomes Blue- Black-faced Grassquit, Tiaris bicolor Clements Checklist, originally throated Mountain-gem, Lampornis becomes Black-faced Grassquit, published in 1974, serves as a clemenciae; and Melanospiza bicolor. comprehensive list of bird species of the (9) Revising the scientific names of What scientific authorities are used to world, incorporating updates and the following 20 additional species to advances in taxonomy and distribution amend the list of migratory birds? conform to accepted use (AOS 2019): published by regional scientific White-winged Scoter, Melanitta fusca Although bird names (common and authorities. The Clements Checklist becomes White-winged Scoter, scientific) are relatively stable, staying relies on the AOS for North American Melanitta deglandi; current with standardized use is updates, but for U.S. territories beyond , necessary to avoid confusion in the geographic scope of the AOS, the evelynae becomes Bahama Woodstar, communications. In making our Clements Checklist relies on other Nesophlox evelynae; determinations, we primarily relied on regional scientific authorities. Fork-tailed Storm-Petrel, the American Ornithological Society’s Although we primarily rely on the Oceanodroma furcata becomes Fork- (AOS’s) Checklist of North American above sources, when informed tailed Storm-Petrel, Hydrobates birds (AOU 1998), as amended annually taxonomic opinion is inconsistent or furcatus; (AOU 1999 through 2016, AOS 2017 controversial, we evaluate available Ringed Storm-Petrel, Oceanodroma through 2019), on matters of taxonomy, published and unpublished information hornbyi becomes Ringed Storm-Petrel, nomenclature, and the sequence of and come to our own conclusion Hydrobates hornbyi; species and other higher taxonomic regarding the validity of taxa.

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What criteria are used to identify species that are native to the United Comments and materials we receive, individual species protected by the States or U.S. territories. A native as well as supporting documentation we MBTA? migratory bird species is one that is used in preparing this proposed rule, A species qualifies for protection present as a result of natural biological will be available for public inspection under the MBTA by meeting one or or ecological processes. The List of on http://www.regulations.gov, or by more of the following criteria: Migratory Birds protected by the MBTA appointment, during normal business (1) It occurs in the United States or in title 50 of the Code of Federal hours, at the U.S. Fish and Wildlife U.S. territories as the result of natural Regulations (CFR) at part 10, section 13 Service, Division of Migratory Bird biological or ecological processes and is (50 CFR 10.13), does not include Management (see FOR FURTHER currently, or was previously listed as, a nonnative species that occur in the INFORMATION CONTACT). United States or U.S. territories solely as species or part of a family protected by Required Determinations one of the four international treaties or a result of intentional or unintentional We are affirming our required their amendments. Any species that human-assisted introduction(s). A determinations made in our November occurs in the United States or U.S. Notice of Availability of a draft list to 28, 2018, proposed rule (83 FR 61288); territories solely as a result of update the list of all nonnative, human- for descriptions of our actions to ensure intentional or unintentional human- introduced bird species to which the compliance with the following statutes assisted introduction does not qualify MBTA does not apply published on and Executive Orders, see that proposed for the MBTA list, regardless of whether November 28, 2018 (83 FR 61161). rule: the family the species belongs to is Public Comments • National Environmental Policy Act; listed in any of the treaties, unless: Any final action resulting from our • Endangered Species Act; • It was native to the United States or • November 28, 2018, proposed rule (83 Regulatory Flexibility Act; its territories and extant in 1918; • Small Business Regulatory • It was extirpated after 1918 FR 61288) and this revised proposed rule must be based on the best scientific Enforcement Fairness Act; throughout its range in the United States • Paperwork Reduction Act of 1995; and its territories; and and commercial data available and be as • • accurate and as effective as possible. We Unfunded Mandates Reform Act; After such extirpation, it was • Executive Orders 12630, 12866, reintroduced in the United States or its will address the comments we received during the original comment period on 12988, 13132, 13175, 13211, 13563, and territories as part of a program carried 13771. out by a Federal agency. the November 28, 2018, proposed rule (2) Revised taxonomy results in it (83 FR 61288), as well as any comments List of Subjects in Part 10 we receive during the reopened being newly split from a species that Exports, Fish, Imports, Law comment period for this revised was previously on the list, and the new enforcement, Plants, Transportation, proposed rule, in our final rule for this species occurs in the United States or Wildlife. U.S. territories as the result of natural action. During this reopened comment biological or ecological processes. If a period, we request comments or Proposed Regulation Promulgation newly recognized native species is information from other concerned For the reasons stated in the considered extinct (following the governmental agencies, the scientific preamble, we propose to further amend classification of the AOS or, for species community, industry, or any other title 50, chapter I, subchapter B, part 10 not covered by the AOS, the Clements interested parties concerning our of the Code of Federal Regulations, as checklist or peer-reviewed literature), November 28, 2018, proposed rule (83 proposed to be amended at 83 FR 61288 that species will still be included if FR 61288) and this revised proposed (November 28, 2018), as set forth below: either of the following criteria apply: rule. • The species resembles extant Please include sufficient information PART 10—GENERAL PROVISIONS species included in the list that may be with your submission (such as ■ affected by trade if the species is not electronic copies of scientific journal 1. The authority citation continues to included; or articles or other publications, preferably read as follows: • Not including the species may in English) to allow us to verify any Authority: 16 U.S.C. 668a–d, 703–712, create difficulties implementing the scientific or commercial information 742a–j–l, 1361–1384, 1401–1407, 1531–1543, MBTA and its underlying Conventions. you include. 3371–3378; 18 U.S.C. 42; 19 U.S.C. 1202. (3) New evidence exists for its natural You may submit your comments and ■ 2. Amend § 10.13, as proposed to be occurrence in the United States or U.S. materials concerning this proposed rule amended on November 28, 2018 (83 FR territories resulting from new or natural by one of the methods listed in 61288), as follows: distributional changes and the species ADDRESSES. We request that you send ■ a. By revising the introductory text of occurs in a protected family. Records comments only by the methods paragraph (c); must be documented, accepted, and described in ADDRESSES. ■ b. In paragraph (c)(1), by: published by the AOS committee. For If you submit information via http:// ■ i. Under the entry DOVE, adding, in the U.S. Pacific territories that fall www.regulations.gov, your entire alphabetical order, the words ‘‘Common outside the geographic scope of the AOS submission—including any personal Ground, Columbina passerina’’ and and for which there is no identified identifying information—will be posted ‘‘Ruddy Ground, Columbina talpacoti’’; ornithological authority, new evidence on the website. If your submission is ■ ii. Under the entry GRASSQUIT, of a species’ natural occurrence will be made via a hardcopy that includes removing the words ‘‘Black-faced, Tiaris based on the Clements checklist and personal identifying information, you bicolor’’ and adding in their place the then published peer-reviewed literature, may request at the top of your document words ‘‘Black-faced, Melanospiza in that order. that we withhold this information from bicolor’’; In accordance with the Migratory Bird public review. However, we cannot ■ iii. Under the entry GROUND-DOVE, Treaty Reform Act of 2004 (MBTRA) guarantee that we will be able to do so. by: (Pub. L. 108–447, 118 Stat. 2809, 3071– We will post all hardcopy submissions ■ 1. Removing the words ‘‘Common, 72), we only include migratory bird on http://www.regulations.gov. Columbina passerina’’;

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■ 2. Removing the words ‘‘Ruddy, ■ 7. Adding, in alphabetical order, the ■ A. Immediately following the words Columbina talpacoti’’; and words ‘‘Thick-billed, Arundinax ‘‘Fulmarus glacialis, Northern Fulmar’’, ■ 3. Removing the words ‘‘White- aedon’’; and adding the words ‘‘Pterodroma gouldi, throated, Alopecoenas xanthonura’’ and ■ 8. Removing the words ‘‘Virginia’s, Gray-faced Petrel’’; and adding in their place the words ‘‘White- Oreothlypis virginiae’’ and adding in ■ B. Removing the words ‘‘Pterodroma throated, Alopecoenas xanthonurus’’; their place the words ‘‘Virginia’s, macroptera, Great-winged Petrel’’. ■ iv. Under the entry HAWK, adding, in Leiothlypis virginiae’’; ■ v. Under the entries Order alphabetical order, the words ‘‘Great ■ xv. Under the entry WHEATEAR, ACCIPITRIFORMES, Family Black, Buteogallus urubitinga’’; adding, in alphabetical order, the words ACCIPITRIDAE, Subfamily ■ v. Under the entry HUMMINGBIRD, ‘‘Pied, Oenanthe pleschanka’’; and ACCIPITRINAE, immediately following removing the words ‘‘Amethyst- ■ xvi. Revising the entry WOODSTAR. the words ‘‘Buteogallus anthracinus, throated, Lampornis amethystinus’’ and ■ c. In paragraph (c)(2), by: Common Black Hawk’’, adding the ■ ‘‘Blue-throated, Lampornis clemenciae’’; i. Under the entries Order words ‘‘Buteogallus urubitinga, Great ■ vi. Adding, in alphabetical order, an ANSERIFORMES, Family ANATIDAE, Black Hawk’’; and entry MOUNTAIN-GEM, and adding Subfamily ANATINAE, by: ■ vi. Under the entry Order ■ ‘‘Amethyst-throated, Lampornis 1. Removing the words ‘‘Melanitta PASSERIFORMES, by: amethystinus’’ and ‘‘Blue-throated, fusca, White-winged Scoter’’ and adding ■ 1. Immediately following the words Lampornis clemenciae’’ under that in their place the words ‘‘Melanitta ‘‘Family ACROCEPHALIDAE’’, adding entry; deglandi, White-winged Scoter’’; and ■ the words ‘‘Arundinax aedon, Thick- ■ vii. Under the entry ORIOLE, adding, 2. Immediately following the words billed Warbler’’; in alphabetical order, the words ‘‘Black- ‘‘Melanitta deglandi, White-winged ■ 2. Under entry Family backed, Icterus abeillei’’; Scoter’’, adding the words ‘‘Melanitta LOCUSTELLIDAE, immediately ■ viii. Under the entry PETREL, by: stejnegeri, Stejneger’s Scoter’’; following the words ‘‘Locustella ■ ■ ii. Under the entries Order 1. Adding, in alphabetical order, the ochotensis, Middendorff’s Grasshopper- COLUMBIFORMES, Family words ‘‘Gray-faced, Pterodroma gouldi’’; Warbler’’, adding the words ‘‘Locustella and COLUMBIDAE, by: ■ fluviatilis, River Warbler’’; ■ 2. Removing the words ‘‘Great- 1. Removing the words ‘‘Alopecoenas ■ xanthonura, White-throated Ground- 3. Under entry Family winged, Pterodroma macroptera’’; MUSCICAPIDAE, by: ■ Dove’’ and adding in their place the ix. Under the entry ROBIN, adding, in ■ A. Immediately following the words words ‘‘Alopecoenas xanthonurus, alphabetical order, the words ‘‘Muscicapa sibirica, Dark-sided White-throated Ground-Dove’’; ‘‘European, Erithacus rubecula’’; Flycatcher’’, adding the words ■ ■ 2. Removing the words ‘‘Streptopelia x. Under the entry ROSEFINCH, ‘‘Erithacus rubecula, European Robin’’; adding, in alphabetical order, the words turtur, European Turtle-Dove’’; ■ 3. Removing the words ‘‘Columbina and ‘‘Pallas’s, Carpodacus roseus’’; ■ B. Immediately following the words ■ xi. Under the entry SCOTER, by: passerina, Common Ground-Dove’’ and ‘‘Oenanthe oenanthe, Northern ■ 1. Adding, in alphabetical order, the adding in their place the words Wheatear’’, adding the words words ‘‘Stejneger’s, Melanitta ‘‘Columbina passerina, Common Ground Dove’’; and ‘‘Oenanthe pleschanka, Pied Wheatear’’; stejnegeri’’; and ■ ■ 2. Removing the words ‘‘White- ■ 4. Removing the words ‘‘Columbina 4. Under entries Family winged, Melanitta fusca’’ and adding in talpacoti, Ruddy Ground-Dove’’ and FRINGILLIDAE, Subfamily their place the words ‘‘White-winged, adding in their place the words CARDUELINAE, immediately following Melanitta deglandi’’; ‘‘Columbina talpacoti, Ruddy Ground the words ‘‘Carpodacus erythrinus, ■ xii. Revising the entry STORM- Dove’’; Common Rosefinch’’, adding the words PETREL; ■ iii. Under the entries Order ‘‘Carpodacus roseus, Pallas’s ■ xiii. Under the entry TURTLE-DOVE, , Family Rosefinch’’; removing the words ‘‘European, TROCHILIDAE, Subfamily ■ 5. Under entries Family ICTERIDAE, Streptopelia turtur’’; TROCHILINAE, by: Subfamily ICTERINAE, immediately ■ xiv. Under the entry WARBLER, by: ■ 1. Removing the words ‘‘Lampornis following the words ‘‘Icterus galbula, ■ 1. Removing the words ‘‘Colima, amethystinus, Amethyst-throated Baltimore Oriole’’, adding the words Oreothlypis crissalis’’ and adding in Hummingbird’’ and adding in their ‘‘Icterus abeillei, Black-backed Oriole’’; their place the words ‘‘Colima, place the words ‘‘Lampornis ■ 6. Under entry Family PARULIDAE, Leiothlypis crissalis’’; amethystinus, Amethyst-throated by: ■ 2. Removing the words ‘‘Lucy’s, Mountain-gem’’; ■ A. Removing the words ‘‘Oreothlypis Oreothlypis luciae’’ and adding in their ■ 2. Removing the words ‘‘Lampornis peregrina, Tennessee Warbler’’ and place the words ‘‘Lucy’s, Leiothlypis clemenciae, Blue-throated adding in their place the words luciae’’; Hummingbird’’ and adding in their ‘‘Leiothlypis peregrina, Tennessee ■ 3. Removing the words ‘‘Nashville, place the words ‘‘Lampornis Warbler’’; Oreothlypis ruficapilla’’ and adding in clemenciae, Blue-throated Mountain- ■ B. Removing the words ‘‘Oreothlypis their place the words ‘‘Nashville, gem’’; and celata, Orange-crowned Warbler’’ and Leiothlypis ruficapilla’’; ■ 3. Removing the words ‘‘Calliphlox adding in their place the words ■ 4. Removing the words ‘‘Orange- evelynae, Bahama Woodstar’’ and ‘‘Leiothlypis celata, Orange-crowned crowned, Oreothlypis celata’’ and adding in their place the words Warbler’’; adding in their place the words ‘‘Nesophlox evelynae, Bahama ■ C. Removing the words ‘‘Oreothlypis ‘‘Orange-crowned, Leiothlypis celata’’; Woodstar’’; crissalis, Colima Warbler’’ and adding ■ 5. Adding, in alphabetical order, the ■ iv. Under the entry Order in their place the words ‘‘Leiothlypis words ‘‘River, Locustella fluviatilis’’; PROCELLARIIFORMES, by: crissalis, Colima Warbler’’; ■ 6. Removing the words ‘‘Tennessee, ■ 1. Revising the entry for Family ■ D. Removing the words ‘‘Oreothlypis Oreothlypis peregrina’’ and adding in HYDROBATIDAE; and luciae, Lucy’s Warbler’’ and adding in their place the words ‘‘Tennessee, ■ 2. Under entry Family their place the words ‘‘Leiothlypis Leiothlypis peregrina’’; PROCELLARIIDAE, by: luciae, Lucy’s Warbler’’;

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■ E. Removing the words ‘‘Oreothlypis STORM-PETREL, Ashy, Hydrobates Matsudaira’s Storm-Petrel ruficapilla, Nashville Warbler’’ and homochroa Hydrobates melania, Black Storm- adding in their place the words Band-rumped, Hydrobates castro Petrel ‘‘Leiothlypis ruficapilla, Nashville Black, Hydrobates melania Warbler’’; and Black-bellied, Fregetta tropica Hydrobates tristrami, Tristram’s ■ F. Removing the words ‘‘Oreothlypis European, Hydrobates pelagicus Storm-Petrel virginiae, Virginia’s Warbler’’ and Fork-tailed, Hydrobates furcatus Hydrobates microsoma, Least Storm- adding in their place the words Leach’s, Hydrobates leucorhous Petrel ‘‘Leiothlypis virginiae, Virginia’s Least, Hydrobates microsoma * * * * * Warbler’’; and Matsudaira’s, Oceanodroma ■ 7. Under entries Family matsudairae Family PROCELLARIIDAE THRAUPIDAE, Subfamily Polynesian, Nesofregetta fuliginosa * * * * * COEREBINAE, removing the words Ringed, Hydrobates hornbyi Pterodroma gouldi, Gray-faced Petrel ‘‘Tiaris bicolor, Black-faced Grassquit’’ Swinhoe’s, Hydrobates monorhis * * * * * and adding in their place the words Townsend’s, Hydrobates socorroensis ‘‘Melanospiza bicolor, Black-faced Tristram’s, Hydrobates tristrami Order ACCIPITRIFORMES Grassquit’’. Wedge-rumped, Hydrobates tethys * * * * * The revisions and additions read as White-bellied, Fregetta grallaria Family ACCIPITRIDAE follows: White-faced, Pelagodroma marina Wilson’s, Oceanites oceanicus * * * * * § 10.13 List of Migratory Birds. * * * * * Subfamily ACCIPITRINAE * * * * * WARBLER, * * * * * * * * (c) What species are protected as River, Locustella fluviatilis migratory birds? Species protected as Buteogallus urubitinga, Great Black * * * * * migratory birds are listed in two formats Hawk Thick-billed, Arundinax aedon to suit the varying needs of the user: * * * * * Alphabetically in paragraph (c)(1) of * * * * * Order PASSERIFORMES this section and taxonomically in WHEATEAR, * * * paragraph (c)(2) of this section. Pied, Oenanthe pleschanka * * * * * Taxonomy and nomenclature generally * * * * * Family ACROCEPHALIDAE WOODSTAR, Bahama, Nesophlox follow the 7th edition of the American Arundinax aedon, Thick-billed evelynae Ornithologists’ Union’s (AOU, now Warbler recognized as American Ornithological * * * * * Society (AOS)) Check-list of North (2) * * * * * * * * American birds (1998, as amended Order ANSERIFORMES Family LOCUSTELLIDAE through 2019). For species not treated Family ANATIDAE * * * * * by the AOS Check-list, we generally * * * * * Locustella fluviatilis, River Warbler follow Clements Checklist of Birds of Subfamily ANATINAE the World (Clements et al. 2017). * * * * * (1) * * * * * * * * Melanitta stejnegeri, Stejneger’s Family MUSCICAPIDAE * * * * * Scoter * * * * * DOVE, Common Ground, Columbina passerina * * * * * Erithacus rubecula, European Robin Order PROCELLARIIFORMES * * * * * * * * * * Ruddy Ground, Columbina talpacoti * * * * * Oenanthe pleschanka, Pied Wheatear Family HYDROBATIDAE * * * * * * * * * * HAWK, * * * Hydrobates pelagicus, European Great Black, Buteogallus urubitinga Storm-Petrel Family FRINGILLIDAE Fregetta grallaria, White-bellied * * * * * * * * * * Storm-Petrel MOUNTAIN-GEM, Amethyst-throated, Nesofregetta fuliginosa, Polynesian Subfamily CARDUELINAE Lampornis amethystinus * * * * * Blue-throated, Lampornis clemenciae Storm-Petrel Hydrobates furcatus, Fork-tailed Carpodacus roseus, Pallas’s Rosefinch * * * * * Storm-Petrel * * * * * ORIOLE, * * * Hydrobates hornbyi, Ringed Storm- Black-backed, Icterus abeillei Petrel Family ICTERIDAE * * * * * Hydrobates monorhis, Swinhoe’s * * * * * PETREL, * * * Storm-Petrel Subfamily ICTERINAE Gray-faced, Pterodroma gouldi Hydrobates leucorhous, Leach’s * * * * * Storm-Petrel * * * * * ROBIN, * * * Hydrobates socorroensis, Townsend’s Icterus abeillei, Black-backed Oriole European, Erithacus rubecula Storm-Petrel * * * * * * * * * * Hydrobates homochroa, Ashy Storm- Dated: September 26, 2019. ROSEFINCH, * * * Petrel Pallas’s, Carpodacus roseus Hydrobates castro, Band-rumped Rob Wallace, * * * * * Storm-Petrel Assistant Secretary for Fish and Wildlife and SCOTER, * * * Hydrobates tethys, Wedge-rumped Parks. Stejneger’s, Melanitta stejnegeri Storm-Petrel [FR Doc. 2019–22978 Filed 11–8–19; 8:45 am] * * * * * Oceanodroma matsudairae, BILLING CODE 4333–15–P

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